Existing law provides for the certification and regulation of podiatrists by the California Board of Podiatric Medicine within the jurisdiction of the Medical Board of California. Under existing law, provisions establishing the California Board of Podiatric Medicine will be repealed on January 1, 2017.

This bill would extend the operation of the California Board of Podiatric Medicine until January 1, 2021, and make nonsubstantive changes.

Existing law, the Physician Assistant Practice Act, provides for the licensure and regulation of physician assistants by the Physician Assistant Board, which is within the jurisdiction of the Medical Board of California, and authorizes the Physician Assistant Board, except as specified, to employ personnel necessary to carry out the provisions of that act, including an executive officer. Existing law repeals provisions establishing the Physician Assistant Board and the authorization for the board to employ personnel as of January 1, 2017. Existing law establishes the Physician Assistant Fund and authorizes all money in the fund to be used to carry out the provisions of the Physician Assistant Practice Act.

This bill would extend the operation of the Physician Assistant Board and the boards authority to employ personnel until January 1, 2021. The bill would instead authorize all money in the Physician Assistant Fund to be available, upon appropriation of the Legislature, to carry out the provisions of the act.

Existing law provides for the certification and regulation of podiatrists by the California Board of Podiatric Medicine within the jurisdiction of the Medical Board of California. Under existing law, provisions establishing the California Board of Podiatric Medicine will be repealed on January 1, 2017.

This bill would extend the operation of the California Board of Podiatric Medicine until January 1, 2021, and make nonsubstantive changes.

Existing law, the Physician Assistant Practice Act, provides for the licensure and regulation of physician assistants by the Physician Assistant Board, which is within the jurisdiction of the Medical Board of California, and authorizes the Physician Assistant Board, except as specified, to employ personnel necessary to carry out the provisions of that act, including an executive officer. Existing law repeals provisions establishing the Physician Assistant Board and the authorization for the board to employ personnel as of January 1, 2017. Existing law establishes the Physician Assistant Fund and authorizes all money in the fund to be used to carry out the provisions of the Physician Assistant Practice Act.

This bill would extend the operation of the Physician Assistant Board and the boards authority to employ personnel until January 1, 2021. The bill would instead authorize all money in the Physician Assistant Fund to be available, upon appropriation of the Legislature, to carry out the provisions of the act.

Existing law provides for the certification and regulation of podiatrists by the California Board of Podiatric Medicine within the jurisdiction of the Medical Board of California. Under existing law, provisions establishing the California Board of Podiatric Medicine will be repealed on January 1, 2017.

This bill would extend the operation of the California Board of Podiatric Medicine until January 1, 2021. 2021, and make nonsubstantive changes.

Existing law, the Physician Assistant Practice Act, provides for the licensure and regulation of physician assistants by the Physician Assistant Board, which is within the jurisdiction of the Medical Board of California, and authorizes the Physician Assistant Board, except as specified, to employ personnel necessary to carry out the provisions of that act, including an executive officer. Existing law repeals provisions establishing the Physician Assistant Board and the authorization for the board to employ personnel as of January 1, 2017. Existing law establishes the Physician Assistant Fund and authorizes all money in the fund to be used to carry out the provisions of the Physician Assistant Practice Act.

This bill would extend the operation of the Physician Assistant Board and the boards authority to employ personnel until January 1, 2021. The bill would instead authorize all money in the Physician Assistant Fund to be available, upon appropriation of the Legislature, to carry out the provisions of the act.

Existing law provides for the certification and regulation of podiatrists by the California Board of Podiatric Medicine within the jurisdiction of the Medical Board of California. Under existing law, provisions establishing the California Board of Podiatric Medicine will be repealed on January 1, 2017.

This bill would extend the operation of the California Board of Podiatric Medicine until January 1, 2021.

Existing law provides for the certification and regulation of podiatrists by the California Board of Podiatric Medicine within the jurisdiction of the Medical Board of California. Under existing law, the California Board of Podiatric Medicine will be repealed on January 1, 2017.

This bill would extend the operation of the California Board of Podiatric Medicine until January 1, 2021.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2193

Author:(Salas)

As Amended Ver:August 16, 2016

Majority vote

Original Committee Reference: B. & P.

SUMMARY: Extends the operation of the Board of Podiatric Medicine (BPM), the operation of the Physician Assistant Board (PAB), and the PAB's authority to appoint an executive officer until January 1, 2021.

The Senate amendments specify that the funds of the BPM and PAB are subject to appropriation by the Legislature.

FISCAL EFFECT: According to the Senate Appropriations Committee:

1. Ongoing costs of $1.5 million per year for the continuing operation of the Board of Podiatric Medicine (Board of Podiatric Medicine Fund). All costs to operate the Board are paid for with license fee revenues.
2. Ongoing costs of $1.7 million per year for the continuing operation of the Physician Assistant Board (Physician Assistant Fund). All costs to operate the Board are paid for with license fee revenues.

COMMENTS:

Purpose. Unless legislation is carried this year to extend the sunset dates for the BPM and the PAB, they will be repealed on January 1, 2017. The legislative changes reflected in this bill are solutions to issues raised in the Assembly Committee on Business and Professions' staff Background Paper and during the sunset review hearing held on March 9, 2016. In addition, this bill will extend the BPM and PAB's authority to appoint an executive officer.

Background. In March of 2016, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) conducted several joint oversight hearings to review 11 regulatory entities, including the BPM and the PAB. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by the committee staff Background Papers prepared for each entity reviewed. The recommendations adopted under this bill were to extend the boards until January 1, 2021.

Appropriation by the Legislature. A budget trailer bill, AB 139 (Budget Committee), Chapter 74, Statutes of 2005, among other things, deleted provisions continuously appropriating the funds of several licensing boards under the Department of Consumer Affairs. At the time, the Senate floor analysis noted that the changes were "Primarily technical in nature, since these boards and commissions have received Budget Act appropriations in recent years."

Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0004745

 THIRD READING  

Bill No: AB 2193

Author:

:

Vote:

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/27/16

AYES: Hill, Bates, Block, Gaines, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 80-0, 5/31/16 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST: This bill extends the operation of the Board of Podiatric Medicine (BPM), the operation of the Physician Assistant Board (PAB), and the PAB’s authority to appoint an executive officer from January 1, 2017 to January 1, 2021.

ANALYSIS:

Existing law:

1. Establishes the BPM within the jurisdiction of the Medical Board of California (MBC) until January 1, 2017. Provides that the repeal of the enacting statute renders the BPM subject to review by the appropriate policy committees of the Legislature. (Business and Professions Code (BPC) § 2460)
2. Establishes the PAB within the jurisdiction of the MBC until January 1, 2017. Provides that the repeal of the enacting statute renders the PAB subject to review by the appropriate policy committees of the Legislature. (BPC § 3504)
3. Requires, until January 1, 2017, and except as provided in BPC §§ 159.5 and 2020, the PAB to employ within the limits of the Physician Assistant Fund all personnel necessary to carry out the provisions of the Physician Assistant Practice Act, including an executive officer who shall be exempt from civil service. Requires the MBC and PAB to make all necessary expenditures to carry out the provisions of the Physician Assistant Practice Act from the Physician Assistant Fund. (BPC § 3512)

This bill:

1. Extends the sunset dates for the BPM and the PAB until January 1, 2021 and clarifies that the Podiatric Medicine fund is subject to appropriation by the Legislature.
2. Extends the PAB’s authority to appoint an executive officer until January 1, 202 and makes the Physician Assistant Board Fund subject to appropriation by the Legislature.

Background

This bill is sponsored by the Author, and is one of five “sunset bills” the Author is sponsoring this Session. According to the Author, “because the boards are set to sunset in 2017, the date needs to be extended to ensure the continued regulation of the professions.”

Board of Podiatric Medicine. BPM is a licensing board under the Department of Consumer Affairs (DCA). BPM licenses and regulates doctors of podiatric medicine (DPMs). In the Medical Practice Act, a license to practice podiatric medicine is called a “certificate,” but it is indistinguishable from other professional licenses. It is a misdemeanor to practice podiatric medicine or use the title DPM, podiatrist, or similar designation without a license. The Practice Act defines “podiatric medicine” as all medical treatment of the foot, ankle, and tendons that insert into the foot, including diagnosis, surgery, and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot. Therefore, a DPM’s scope of practice is similar to that of a physician and surgeon who specializes in the foot and ankle. However, unlike a physician and surgeon, whose scope is only limited by the licensee’s own area of competence, a DPM’s scope is limited by the license to the foot and ankle. Historically, the BPM was a committee within MBC. Currently, however, the BPM functions as an independent board, similar to other licensing boards under the DCA. Still, the Practice Act continues to describe the BPM as “within the jurisdiction of” the MBC. As a result, the BPM makes recommendations for DPM licensure to the MBC, while the MBC officially issues the licenses, but defers completely to the judgment of BPM. The BPM licenses approximately 2,000 DPMs. On average, it issues 106 licenses each year and renews on average 1,106 licenses each year. The purpose of the BPM’s licensing program is to protect the public and consumers by ensuring minimum competency in practitioners. Applicants for a DPM license must graduate from a college of podiatric medicine that has been approved by the BPM, pass Part I, II and III of the national exam and successfully complete two years of postgraduate training.

Physician Assistant Board. PAB is also a licensing board under DCA. PAB licenses and regulates physician assistants (PAs). PAs provide health care services under the supervision of a physician and surgeon. PA functions include performing diagnostic, therapeutic, preventive, and health maintenance services. Currently, the PAB has over 10,000 licensed PAs. Historically, the PAB was a committee within the MBC, however, the current PAB is an independent board with regulatory authority to enforce the Physician Assistant Practice Act. The PAB still utilizes many of the MBC’s services, including enforcement, information technology, and fund management via a contract with MBC.

The PAB’s mandates include:

• Approval of the educational and training requirements of PAs
• Licensing of PAs.
• Promoting the health and safety of California health care consumers by enhancing the competence of PAs.
• Coordinating investigation and disciplinary processes
• Providing information and education regarding the PAB or PA professionals to California consumers.
• Managing a diversion/monitoring program for PAs with alcohol/substance abuse problems.

2015-16 Sunset Review. Beginning in 2015, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) conducted joint oversight hearings to review 12 regulatory entities. The Committees conducted two hearings in March and joined with the Senate Committee on Education and Assembly Committee on Higher Education to review the Bureau for Private Postsecondary Education. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Committee on Appropriations analysis dated August 11, 2016, this bill will result in ongoing costs of $1.5 million per year for the continuing operation of the BPM and ongoing costs of $1.7 million per year for the continuing operation of the PAB). All costs to operate both boards are paid for with license fee revenues.

SUPPORT: (Verified 8/16/16)

California Academy of Physician Assistants

OPPOSITION: (Verified 8/16/16)

None received

ASSEMBLY FLOOR: 80-0, 5/31/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

Prepared by:

8/16/16 17:38:48

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 2193 (Salas) - California Board of Podiatric Medicine: Physician Assistant Board: extension

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 11, 2016

Bill Summary:

AB 2193 would extend the operation of the Board of Podiatric Medicine and the operation of the Physician Assistant Board until January 1, 2021.

Fiscal Impact:

• Ongoing costs of $1.5 million per year for the continuing operation of the Board of Podiatric Medicine (Board of Podiatric Medicine Fund). All costs to operate the Board are paid for with license fee revenues.
• Ongoing costs of $1.7 million per year for the continuing operation of the Physician Assistant Board (Physician Assistant Fund). All costs to operate the Board are paid for with license fee revenues.

Author Amendments:

Make a technical change.

Committee Amendments:

Clarify that the Podiatric Medicine Fund is subject to appropriation by the Legislature and make the Physician Assistant Board Fund subject to appropriation by the Legislature.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 2193 (Salas) - California Board of Podiatric Medicine: Physician Assistant Board: extension

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2193 would extend the operation of the Board of Podiatric Medicine and the operation of the Physician Assistant Board until January 1, 2021.

Fiscal Impact:

• Ongoing costs of $1.5 million per year for the continuing operation of the Board of Podiatric Medicine (Board of Podiatric Medicine Fund). All costs to operate the Board are paid for with license fee revenues.
• Ongoing costs of $1.7 million per year for the continuing operation of the Physician Assistant Board (Physician Assistant Fund). All costs to operate the Board are paid for with license fee revenues.

Background:

Under current law, the Board of Podiatric Medicine licenses and regulates the practice of podiatrists. Podiatric medicine is the medical treatment of the foot, ankle, and related tissues. The Board of Podiatric Medicine functions as an independent board. However, under current law, the Board of Podiatric Medicine is “within the jurisdiction” of the Medical Board of California. Therefore, the Medical Board technically is the body that licenses podiatric doctors. The Board of Podiatric Medicine licenses about 2,000 doctors of podiatric medicine.

The Physician Assistant Board licenses and regulates the practice of physician assistants. The Physician Assistant Board was initially organized as a committee under the Medical Board. Currently, the Physician Assistant Board operates as an independent board “within the jurisdiction” of the Medical Board of California. The Physician Assistant Board licenses about 10,000 physician assistants.

Proposed Law:

AB 2193 would extend the operation of the Board of Podiatric Medicine and the operation of the Physician Assistant Board until January 1, 2021.

Related Legislation:

This bill is one of several sunset review bills authored by the chairs of the Senate and Assembly Business and Professions Committees to review and extend the operation of licensing boards in the Department of Consumer Affairs.

SB 1039 (Hill), amongst other changes to various boards within the Department of Consumer Affairs, formally separate the Board of Podiatric Medicine from the Medical Board. That bill is pending in the Assembly.

-- END --

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2015 - 2016 Regular

Bill No: AB 2193 Hearing Date: June 27, 2016

Subject: California Board of Podiatric Medicine: Physician Assistant Board: extension

SUMMARY:

Extends the operation of the Board of Podiatric Medicine (BPM), the operation of the Physician Assistant Board (PAB), and the PAB’s authority to appoint an executive officer from January 1, 2017 to January 1, 2021.

Existing law:

1. Establishes the BPM within the jurisdiction of the Medical Board of California (MBC) until January 1, 2017. Provides that the repeal of the enacting statute renders the BPM subject to review by the appropriate policy committees of the Legislature. (Business and Professions Code (BPC) § 2460)
2. Establishes the PAB within the jurisdiction of the MBC until January 1, 2017. Provides that the repeal of the enacting statute renders the PAB subject to review by the appropriate policy committees of the Legislature. (BPC § 3504)
3. Requires, until January 1, 2017, and except as provided in BPC §§ 159.5 and 2020, the PAB to employ within the limits of the Physician Assistant Fund all personnel necessary to carry out the provisions of the Physician Assistant Practice Act, including an executive officer who shall be exempt from civil service. Requires the MBC and PAB to make all necessary expenditures to carry out the provisions of the Physician Assistant Practice Act from the Physician Assistant Fund. (BPC § 3512)

This bill:

1. Extends the sunset dates for the BPM and the PAB until January 1, 2021.
2. Extends the PAB’s authority to appoint an executive officer until January 1, 2021.

FISCAL EFFECT: This bill is keyed “fiscal” by Legislative Counsel. According to the Assembly Committee on Appropriations analysis dated April 20, 2016, this bill will result in costs of approximately $1.5 million per year for four additional calendar years to continue the operation of the BPM and costs of approximately $1.6 million per year for four additional calendar years to continue the operation of the PAB.

COMMENTS:

1. Purpose. This bill is sponsored by the Author, and is one of five “sunset bills” the Author is sponsoring this Session. According to the Author, “because the boards are set to sunset in 2017, the date needs to be extended to ensure the continued regulation of the professions.”
2. Oversight Hearings and Sunset Review of Licensing Boards and Programs. Beginning in 2015, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) conducted joint oversight hearings to review 12 regulatory entities: Department of Consumer Affairs (DCA), Acupuncture Board, Board of Behavioral Sciences, California Massage Therapy Association, Court Reporters Board, Board of Pharmacy, PAB, BPM, Bureau for Private Postsecondary Education (BPPE), Board of Psychology, Bureau of Real Estate, Bureau of Real Estate Appraisers and Veterinary Medical Board.

The Committees conducted two hearings in March. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed this year.

1. Background on BPM. BPM is a licensing board under the DCA. BPM licenses and regulates doctors of podiatric medicine (DPMs). In the Medical Practice Act, a license to practice podiatric medicine is called a “certificate,” but it is indistinguishable from other professional licenses. It is a misdemeanor to practice podiatric medicine or use the title DPM, podiatrist, or similar designation without a license. The Practice Act defines “podiatric medicine” as all medical treatment of the foot, ankle, and tendons that insert into the foot, including diagnosis, surgery, and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot. Therefore, a DPM’s scope of practice is similar to that of a physician and surgeon who specializes in the foot and ankle. However, unlike a physician and surgeon, whose scope is only limited by the licensee’s own area of competence, a DPM’s scope is limited by the license to the foot and ankle. Historically, the BPM was a committee within the Medical Board of California (MBC). Currently, however, the BPM functions as an independent board, similar to other licensing boards under the DCA. Still, the Practice Act continues to describe the BPM as “within the jurisdiction of” the MBC. As a result, the BPM makes recommendations for DPM licensure to the MBC, while the MBC officially issues the licenses, but defers completely to the judgment of BPM. The BPM licenses approximately 2,000 DPMs. On average, it issues 106 licenses each year and renews on average 1,106 licenses each year.

As a special fund agency, the BPM receives no general funds. Instead, it relies on fees set by statute and collected from licensing and renewal. The purpose of the BPM’s licensing program is to protect the public and consumers by ensuring minimum competency in practitioners. Applicants for a DPM license must graduate from a college of podiatric medicine that has been approved by the BPM, pass Part I, II and III of the national exam and successfully complete two years of postgraduate training.

1. Review of the BPM – Issues Identified and Recommended Changes. Committee staff identified 11 issues pertaining to BBS and provided background information concerning each issue. Recommendations were made by Committee staff regarding the particular issue areas which needed to be addressed. Only one of the identified issues for BPM required a statutory change.
   1. Issue: Continued Regulation of the Profession by BPM.

Background: The health, safety and welfare of consumers are protected by the presence of a strong licensing and regulatory board with oversight over DPMs. The BPM has shown a commitment to its mission and a willingness to work with the legislature to improve consumer protection. Therefore, the BPM should be continued with a 4-year extension of its sunset date so that the Legislature may once again review whether the issues and recommendations in this Background Paper have been addressed.

Recommendation and Proposed Statutory Change: The committee recommends that DPMs continue to be regulated by the current the BPM members in order to protect the interests of the public and be reviewed again in four years.

This bill extends the operation of BPM for four years.

1. Background on PAB. PAB is also a licensing board under DCA. PAB licenses and regulates physician assistants (PAs). PAs provide health care services under the supervision of a physician and surgeon. PA functions include performing diagnostic, therapeutic, preventive, and health maintenance services. Currently, the PAB has over 10,000 licensed PAs. Historically, the PAB was a committee within the MBC, however, the current PAB is an independent board with regulatory authority to enforce the Physician Assistant Practice Act. The PAB still utilizes many of the MBC’s services, including enforcement, information technology, and fund management via a contract with MBC.

The PAB’s mandates include:

• Approval of the educational and training requirements of PAs
• Licensing of PAs.
• Promoting the health and safety of California health care consumers by enhancing the competence of PAs.
• Coordinating investigation and disciplinary processes
• Providing information and education regarding the PAB or PA professionals to California consumers.
• Managing a diversion/monitoring program for PAs with alcohol/substance abuse problems.

1. Review of PAB – Issues Identified and Recommended Changes. Committee staff identified 10 issues pertaining to PAB and provided background information concerning each issue. Recommendations were made by Committee staff regarding the particular issue areas which needed to be addressed. Only one of the identified issues for PAB required a statutory change.
   1. Issue: Continued Regulation of the Profession.

Background: The health, safety and welfare of consumers are protected by the presence of a strong licensing and regulatory board with oversight over PAs. The PAB has shown a commitment to improve its overall efficiency and effectiveness and has worked cooperatively with the Legislature and the Committees to bring about necessary changes. Therefore, the PAB should be continued with a
4-year extension of its sunset date so that the Legislature may once again review whether the issues and recommendations in this Background Paper have been addressed.

Recommendation and Proposed Statutory Change: The licensing and regulation of PAs should continue to be regulated by the current members of the PAB in order to protect the interests of the public and be reviewed once again in four years.

This bill extends the operation of PAB and PAB’s authority to appoint an EO for four years.

1. Related Legislation This Year. SB 1039 (Hill), among other changes to the operations and fee structure of a number of boards under DCA, gives BPM their own chapter in the Business and Professions Code and formally separates it from the Medical Board, reflecting operational realities. (Status: The bill is currently pending in the Assembly Committee on Business and Professions.)

SUPPORT AND OPPOSITION:

Support:

California Academy of Physician Assistants

Opposition:

None on file as of June 21, 2016.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2193

Author:(Salas)

As Amended Ver:April 5, 2016

Majority vote

SUMMARY: Extends the operation of the Board of Podiatric Medicine (BPM), the operation of the Physician Assistant Board (PAB), and the PAB's authority to appoint an executive officer until January 1, 2021.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Cost of approximately $1.5 million per year, for four additional calendar years, to continue the operation of the BPM beyond the current January 1, 2017 sunset (Board of Podiatric Medicine Fund).
2. Cost of approximately $1.6 million per year, for four additional calendar years, to continue the operation of the PAB beyond the current January 1, 2017 sunset (Physician Assistant Fund).

COMMENTS:

Purpose. Unless legislation is carried this year to extend the sunset dates for the BPM and the PAB, they will be repealed on January 1, 2017. The legislative changes reflected in this bill are solutions to issues raised in the Assembly Committee on Business and Professions' staff Background Paper and during the sunset review hearing held on March 9, 2016. In addition, this bill will extend the BPM and PAB's authority to appoint an executive officer.

Background. In March of 2016, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) conducted several joint oversight hearings to review 11 regulatory entities, including the BPM and the PAB. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by the committee staff Background Papers prepared for each entity reviewed.

Continued Regulation of Physician Assistants by the PAB. The PAB is one of the several licensing entities under the Department of Consumer Affairs (DCA). The PAB licenses and regulates physician assistants (PAs). PAs provide health care services under the supervision of a physician and surgeon. PA functions include performing diagnostic, therapeutic, preventive, and health maintenance services. Currently, the PAB has over 10,000 licensed PAs. The PAB was last reviewed by the Committees in 2012.

Since its last review, the PAB has shown a commitment to improve its overall efficiency and effectiveness, and has worked cooperatively with the Legislature and the Committees to bring about necessary changes. Therefore, this bill extends the sunset date of the PAB for four years so that the Legislature may once again review whether the issues and recommendations the Background Paper addressed.

Continued Regulation of Doctors of Podiatric Medicine by the BPM. The BPM is also one of several licensing entities under the DCA. The BPM licenses and regulates doctors of podiatric medicine (DPMs). In the Medical Practice Act, a license to practice podiatric medicine is called a "certificate," but it is indistinguishable from other professional licenses. It is a misdemeanor to practice podiatric medicine or use the title DPM, podiatrist, or similar designation without a license.

The Practice Act defines "podiatric medicine" as all medical treatment of the foot, ankle, and tendons that insert into the foot, including diagnosis, surgery, and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot. Therefore, a DPM's scope of practice is similar to that of a physician and surgeon who specializes in the foot and ankle. However, unlike a physician and surgeon, whose scope is only limited by the licensee's own area of competence, a DPM's scope is limited by the license to the foot and ankle.

The BPM licenses approximately 2,000 DPMs. On average, it issues 106 licenses each year and renews on average 1,106 licenses each year.

Since its last review, the BPM has also shown a commitment to its mission and a willingness to work with the Legislature to improve consumer protection. Therefore, this bill extends the BPM sunset date to January 1, 2021 so that the Legislature may once again review whether the issues and recommendations the Background Paper addressed.

Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0003152

Date of Hearing: April 20, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2193

Author:(Salas) – As Amended Ver:April 5, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill extends the operation of the Board of Podiatric Medicine (BPM), the operation of the Physician Assistant Board (PAB), and the PAB’s authority to appoint an executive officer until January 1, 2021.

FISCAL EFFECT:

1. Cost of approximately $1.5 million per year, for four additional calendar years, to continue the operation of the BPM beyond the current January 1, 2017 sunset (Board of Podiatric Medicine Fund).
2. Cost of approximately $1.6 million per year, for four additional calendar years, to continue the operation of the PAB beyond the current January 1, 2017 sunset (Physician Assistant Fund).

COMMENTS:

1. Purpose. In March 2016, the Senate Business and Professions Committee and the Assembly Business and Professions Committee conducted joint oversight hearings to review 11 different regulatory entities. Sunset review bills, such as this one, are intended to implement any legislative changes identified as a result of the hearings and extend regulatory authority for entities reviewed at the hearings. This bill extends the sunset for both the PBM and the PAB for four years in their current regulatory capacity.
2. Background. The PAB and the BPM are licensing entities under the Department of Consumer Affairs. The PAB licenses and regulates about 10,000 physician assistants (PAs), who provide health care services under the supervision of a physician and surgeon. PA functions include performing diagnostic, therapeutic, preventive, and health maintenance services. The BPM licenses and regulates about 2,000 doctors of podiatric medicine (DPMs), who have a scope of practice similar to that of a physician who specializes in the foot and ankle. Since their last reviews, both boards have demonstrated commitment to improve operations, and have worked cooperatively with the Legislature to bring about needed changes.
3. Related Legislation. AB 2190 through AB 2194 (Salas) and SB 1192 through 1196 (Hill) are all 2016 sunset review bills on various topics.

Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081

Date of Hearing: April 12, 2016

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Rudy Salas, Chair

ABPCA Bill Id:AB 2193

Author:(Salas) – As Amended Ver:April 5, 2016

SUBJECT: California Board of Podiatric Medicine: Physician Assistant Board: extension.

SUMMARY: Extends the operation of the Board of Podiatric Medicine (BPM), the operation of the Physician Assistant Board (PAB), and the PAB’s authority to appoint an executive officer until January 1, 2021.

EXISTING LAW:

1. Establishes the BPM within the jurisdiction of the Medical Board of California (MBC) until January 1, 2017. Provides that the repeal of the enacting statute renders the BPM subject to review by the appropriate policy committees of the Legislature. (Business and Professions Code (BPC) § 2460)
2. Establishes the PAB within the jurisdiction of the MBC until January 1, 2017. Provides that the repeal of the enacting statute renders the PAB subject to review by the appropriate policy committees of the Legislature. (BPC § 3504)
3. Requires, until January 1, 2017, and except as provided in BPC §§ 159.5 and 2020, the PAB to employ within the limits of the Physician Assistant Fund all personnel necessary to carry out the provisions of the Physician Assistant Practice Act, including an executive officer who shall be exempt from civil service. Requires the MBC and PAB to make all necessary expenditures to carry out the provisions of the Physician Assistant Practice Act from the Physician Assistant Fund. (BPC § 3512)

THIS BILL:

1. Extends the sunset dates for the BPM and the PAB until January 1, 2021.
2. Extends the PAB’s authority to appoint an executive officer until January 1, 2021.

FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.

COMMENTS:

Purpose. Unless legislation is carried this year to extend the sunset dates for the BPM and the PAB, they will be repealed on January 1, 2017. The legislative changes reflected in this bill are solutions to issues raised in the Assembly Committee on Business and Professions’ staff Background Paper and during the sunset review hearing held on March 9, 2016. In addition, this bill will extend the BPM and PAB’s authority to appoint an executive officer.

Background. In March of 2016, the Senate Business and Professions Committee and the Assembly Business and Professions Committee (Committees) conducted several joint oversight hearings to review 11 regulatory entities, including the BPM and the PAB. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by the committee staff Background Papers prepared for each entity reviewed.

Continued Regulation of Physician Assistants by the PAB. The PAB is one of the several licensing entities under the DCA. The PAB licenses and regulates physician assistants (PAs). PAs provide health care services under the supervision of a physician and surgeon. PA functions include performing diagnostic, therapeutic, preventive, and health maintenance services. Currently, the PAB has over 10,000 licensed PAs. The PAB was last reviewed by the Committees in 2012.

Since its last review, the PAB has shown a commitment to improve its overall efficiency and effectiveness, and has worked cooperatively with the Legislature and the Committees to bring about necessary changes. Therefore, this bill extends the sunset date of the PAB for four years so that the Legislature may once again review whether the issues and recommendations the Background Paper addressed.

Continued Regulation of Doctors of Podiatric Medicine by the BPM. The BPM is also one of several licensing entities under the DCA. The BPM licenses and regulates doctors of podiatric medicine (DPMs). In the Medical Practice Act, a license to practice podiatric medicine is called a “certificate,” but it is indistinguishable from other professional licenses. It is a misdemeanor to practice podiatric medicine or use the title DPM, podiatrist, or similar designation without a license.

The Practice Act defines “podiatric medicine” as all medical treatment of the foot, ankle, and tendons that insert into the foot, including diagnosis, surgery, and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot. Therefore, a DPM’s scope of practice is similar to that of a physician and surgeon who specializes in the foot and ankle. However, unlike a physician and surgeon, whose scope is only limited by the licensee’s own area of competence, a DPM’s scope is limited by the license to the foot and ankle.

The BPM licenses approximately 2,000 DPMs. On average, it issues 106 licenses each year and renews on average 1,106 licenses each year.

Since its last review, the BPM has also shown a commitment to its mission and a willingness to work with the Legislature to improve consumer protection. Therefore, this bill extends the BPM sunset date to January 1, 2021 so that the Legislature may once again review whether the issues and recommendations the Background Paper addressed.

REGISTERED SUPPORT:

None on file.

REGISTERED OPPOSITION:

None on file.

Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301